jon: you have done this before. jenna: when i did acrobatics in elementary school, and then i played boys' baseball, so that was the end of the leotard. jon: i did a cart wheel once. [laughter] really. thank you for joining us. jenna: "america live" starts right now. megyn: kind of blows my her key. with exactly four weeks before americans head to the polls, a wave of new polling and new signs today that enthusiasm is building for governor mitt romney's white house bid. welcome to "america live," everyone, i'm megyn kelly. right now the governor's in the battleground state of iowa about to hold a rally. his crowds have been growing, and voter excitement building according to the pollsters. a new politico poll finds more republicans than democrats now say they are extremely likely to vote in this election by a margin of 85-75%, 10-point margin. only three weeks ago the number was 81-78% in favor of the

democrats, that is a 13-point swing in romney's favor in three weeks' time. chris stirewalt is our fox news digital politics editor and host of "power play" on fox foxnews.com live. is that all about the debate? >> well, yes and no. it's also in part that when the previous poll was taken, republicans were feeling crabby about mitt romney, so that was art potentially low maybe for the -- artificially low maybe for the republicans. the truth is, and we've known this really since 2010, since before the 2010 election, republican intensity and enthusiasm continues to be very, very high. now, democrats go back and forth, and mostly though this has been the story of the last two years politically has been that republicans are very determined that barack obama ought not be the president anymore, and democrats go back and forth about the fire that they feel to keep him in office. so that's something that we've expected to see. but as the president stumbled in

the debate and as he's had a rough week, that problem's been exacerbated. megyn: all right. not to sound too cynical, chris -- [laughter] i mean, they wanted to vote for barack obama -- they were extremely likely to vote for him a couple weeks ago, and now they're extremelyy likely to voe for mitt romney? i don't know. there was a piece by john padores in the new york post saying we can't trust these polls, the only thing we can walk away knowing is this is going to be an extremely close contest. >> i think he's missing it a little bit here. the truth is this, no one poll is fully accurate. what they are are snapshots, little glimpses of what's going on. they don't tell us what's going to happen on election day. for example, this: we know that republicans traditionally outperform polls and democrats traditionally underperform polls. that's what we know to be true throughout history. any given republican votes with

more intensity, more frequency than any given democrat. that's just how it is. so we know that these polls are not predictive, we know that they won't exactly reflect what happens on election day. right now here's a great example of how valuable they are. manager like how enthusiastic are you to vote is a measurement for how big the gap is going to be when you get to election day between what the poll says and what the reality says. if it's raining outside they say, well, you know, obama. megyn: people want to vote for the most part, but they have busy lives, and not everybody thinks it necessarily matters, especially be they're not in a swing state. but these enthusiasm gaps are popping up in more and more polls in governor romney's favor. in the latest nbc news polling, chris, they're showing that seniors are, that 83% of them say that they're enthusiastic about voting. that's up six points from 2008. that's a group that tends to

lean republican. but when you look at latinos and young people, enthusiasm among young people down 20 points, enthusiasm among latinos, down 8 points from 2008. those are important voting blocs for the president. >> you've got it, and the deal is this, mitt romney's going to win seniors, 60% of seniors, something like that. he's going to win massively, and tear all going to go vote because they do, because they're good citizens, and they read, and they go vote. that's the deal. what barack obama did in 2008 was expanded the universe of potential democratic voters. he brought in a lot of first-time voters. the footprint of minority voters, the footprint of young voters was larger inside the electorate than usual. the problem with doing that is he promised them a lot of stuff, a lot of stuff in order to do that. and, of course, the reality of governance and the reality of what he was able to do and what he really wanted to do and what his priorities were didn't necessarily match up with the

rhetoric of 2008. so they may be feeling a little disillusioned. the other thing is democrats who think that mitt romney stinks and is a terrible candidate, and the republicans are absolute cuckoo birds. the fact that romney could box the president's ears on wednesday, that mitt romney could beat him probably doesn't do much to make people feel good about the way their candidate's odds are. megyn: yeah. it's led to even the new yorker, which is not exactly a right-leaning publication, we got a sneak peek of their cover, and it shows romney behind his lectern, and he's arguing against the empty chair, the title will be "one-on-one," we're told. if any event, it's just one indication of where this election may stand as of today anyway. chris, thank you. >> you bet. megyn: well, the enthusiasm polling is only one of a dramatic series of surveys in the last 48 hours. we will speak with a university of colorado professor who developed a unique model of

predicted electoral college results and learn more about his prediction. and here's a hint: he had the same prediction about a month, two months ago as he does now, and you might find it interesting what he's saying. also, scott rasmussen is here with michael reagan at 2:05. he is offering us a dramatic new series of swing state polls, he will bring those to us live on our show. and then the dramatic news in a new polling, new poll that's being put out from the folks at pew. campaign pros ed rollins and joe trippi are here to talk about the latest pew polls, and what a swing we have seen in favor of the republican candidate. joe trippi says this is a big deal, he will explain why coming up. fox news alert now, in just the last hour the folks at sesame street reached tout the obama cam -- out to the obama campaign and asked them to stop using big bird if their campaign

ads. ever since governor romney said he would cut funding for pbs, the children's characters have become stars of sorts on the campaign trail. here is just a little bit of one of the president's new ads. >> bernie madoff, dennis kozlowski, criminals, gluttons of greed and the evil genius who towered over them? one man has the guts to speak his name. >> big bird. >> big bird. >> big bird. >> it's me, big bird. >> big, yellow, a menace to our economy. mitt romney knows it's not wall street you have to worry about, it's sesame street. megyn: republicans taking note, a new page at the rnc web site has the count, you know, count dracula? tracking the obama campaign and pointing out that the president has mentioned big bird eight times and elmo five times at recent events. you know how he counts. there has been zero talk of libya plans to fix the economy according to the count.

now apparently the folks at sesame street have had about enough of this. can you blame them? well, powerful testimony today before the sentencing of former penn state assistant football coach jerry sandusky. victims emotionally recounting the horror of his abuse to a judge. sandusky, in the end, was sentenced to 30-60 years in prison for sexually abusing several young boys over more than a decade. keep in mind, he's 68 years old. david lee miller is live in pennsylvania. david? >> reporter: megyn, worth noting here is that there was no visible emotion from jerry sandusky when he heard that he's going to be spending at least the next 30 years behind bars. the judge said this is about the mount to a life sentence because sandusky is now 68 years old. this is a very different-looking jerry sandusky than we've seen in the past. he was wearing a red prison jump suit. he also appeared to be a great deal thinner. he addressed the court if a rambling 10-15 minute statement.

he said i didn't do these alleged disgusting acts. he said he only had sex with his wife dottie, and that was only after they were married. his statement was very similar to the taped remarks recorded by a penn state radio station and released yesterday. and just a short time ago the prosecutor in this case dismissed sandusky's overall remarks. listen. >> his statement last night was the same as it was today in court. the banal, delusional, self-referential, ludicrous statement that appeared to be, frankly, a testimony to himself. >> reporter: there was a great deal of emotion in the courtroom, though, when the victims spoke, at least three of them spoke before the judge. they gave what are called victim impact statements. one of them said, and i'm going to quote, megyn: i don't know how to process what happened when you told me you were the tickle monster and touched my 11-year-old body. meanwhile, the defense says it is now in the process of filing an appeal.

defense attorney joe amendola said if there was more time, they would have won an acquittal. listen. >> we believed if we had enough time, we could develop enough information, which is what we were in the midst of doing. literally, we shut down midstream in about three or four different very important areas was we had no more time to do it. if we had the time, we would have had an opportunity to prove jerry's innocence. >> reporter: and after today's hearing, sandusky is now categorized as a violet sexual predator. that means if ever released, he has to register, a moot point since he'll be at least 98 years old when he breathes free air again. megyn? megyn: wow. thank you. a dramatic series of attacks on twitter after a black actress tweets out that she is supporting governor mitt romney for president. remember this gal from clueless? ann coulter weighs in on the attacks on her right after this break. plus, new predictions on the race for the white house.

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>> i know what you're thinking, you're thinking what's a movie tradesman doing out here, you know, they're all left-wingers out there, left of lenin. [laughter] at least that's what people think, but that's not really the case. there's a lot of conservative people, a lot of moderate people, republicans, democrats in hollywood. it's just the conservative people by the nature of the word itself play it a little more close to the vest.

they don't go around hotdogging it. [laughter] [applause] megyn: well, when clint eastwood took to the stage at the rnc and mentioned the conservatives in hollywood, a lot of folks wondered where exactly those people were hiding, so imagine the reaction when stacy dash used twitter to express support for mitt romney. she was a friend of iowa alicia silverstone's character in clueless, and her twitter feed exploded. this is what she wrote: megyn: not long after, some said she isn't, quote, black enough, and it goes on from there. joining us now is ann coulter. she's author of "mugged: racial demagoguery from the '70s to obama," she's got a series of

number one bestsellers, this is just the latest. >> number three, technically. megyn: really? congratulations. oh, look, she's unsuccessful when it comes to writing books. stacy dash is -- >> oh, i know that actress, i love that movie. megyn: this is just an example of what she got in response to her tweet saying vote for romney. you're an unemployed black woman, your voting against yourself thrice you poor, beautiful idiot. and it went on. that's only what i can read. >> that's what you can read on the air. right. that's how i started finding out about it and saw the retweets of the bile directed against her. you know, i really admire right-wiggers in hollywood. they're doing a very brave thing. there is no one braver in the world than a black conservative. what they go through as mia love and alan west and condoleezza rice and chairns thomas, herman cain, the list goes on and on, just a vicious, actually racist attacks. not using the word chicago or

apartment which liberals claim is racist when a republican says it. no, the f-word we're talking about here. and then after putting black conservatives through this vicious aizing process, liberals turn around and taunt republicans for not having more blacks in our party. maybe if you'd stop harassing them, black people might look and see, oh, the republicans have a lot of ideas i like like being against abortion and gay marriage unlike the democrats. megyn: i mean, is it racist in and of itself, ann, to presume that all blacks would be supporting a black president? that they have this homogeneous way of thinking? >> and always democrats. unfortunately, a majority of blacks are democrats. i'm very sorry to say, but i'd like to change that, i'd like to change that with my book to point out that i would not say that liberals have been blacks' truest friends. [laughter] they really, they've always used blacks to pursue other political ends as i describe, it was always republicans pushing civil rights legislation, being

blocked by democrats for five minutes in 1964 democrats pretended to care about black people, and then they just started slapping the civil rights label on causes having nothing to do with black people and, in fact, often opposed to black people. megyn: in today's day and age, i think the assumption is that democratic policies are better for blacks -- [laughter] because they believe in affirmative action, and today believe in sort of a hand up, and a lot of blacks are struggling in lower socioeconomic neighborhoods. and they believe democrats are empathetic to that situation. that's the line. >> that is certainly the line, and it is absolutely untrue. i mean, four years of obama there was an article going around yesterday on the drudge report that four years of obama has virtually wiped out the black middle class. that's just the economic point. never be fooled into thinking that what democrats care about is the poor, the elderly, minorities. what they care about are government sector workers, heavily unionized, well of

pensioned government sector workers who will automatically vote democratic. they want the people ministering to the poor, they don't care about the poor. we've had more and more and more poor black people in particular, the destruction of the black family. i mean, the worst thing that was done to black people since slavery was the great society programs. surprisingly, also from my book. blacks had a higher marriage rate than white people did throughout the 20th century. every decade year they checked, blacks were more likely to be married. great society programs hit, and that all falls apart, and now you have a 70% illegitimacy rate which is incredibly destructive, more so than any policy republicans -- if they were as racist as democrats claim they are -- megyn: that rate is just stunning. we talked about it a couple of weeks ago on reilly. i want to ask you about this, the book is timely because it gets into the history of race relations in the country and as

a political matter. and right now as we have a black president, there seems to be an underlying theme whether it's a tweet from stacy dash buzz she's a black american, you know, not supporting the black president, or people who feel like they need to be apologetic for no longer supporting the president because he did make history, and they helped make history when they voted for him. it was interesting to me, we saw kid rock who is really apolitical. he's really described himself as more of an independent, but he's from detroit. he came out, he's now obviously seems to be favoring the republican ticket and came out and said this when introducing paul ryan. listen. >> i'm very proud to say that we have, had elected our first black president, all right? [applause] i'm sorry -- right. i'm sorry he didn't do a better job. [laughter] i really, i really wish that he would have, i do. megyn: what do you think of that? >> no, it's true. and that is, ultimately, the

larger point of my book, don't, don't make the same mistake again, america. more white people voted for barack obama in the 2008 election than have voted for a democrat, than white people have voted for a democrat for nearly 40 years. so, obviously, white guilt was operating. people did like the historic idea of the first black president. i would have preferred that it was, um, a black president who came out of the american black tradition, by the way. i mean, his father -- part of the reason we care about this is because of the democratic legacy of slavery and segregation, something that clarence thomas, condoleezza rice actually experienced. he was the son of an immigrant. so, yes, he's half black, we're very happy we add the first black president, but don't make the same mistake again. it has not helped black people, white guilt has never produced anything good. megyn: "mugged: racial

demagoguery from the '70s to obama." thank you so much, ann caught orer. up next, a possible break in a case we have been following for more than two years, an arrest in the murder of a newlywed shot and killed while jet skiing near the mexican border. three minutes til that. plays ae throughout our lives. one a day women's 50+ is a complete multivitamin designed for women's health concerns as we age. it has more of 7 antioxidants to support cell health. one a day 50+.

megyn: fox news alert, governor romney speaking now in battlegrd state of iowa, one of two rallies in the midwest today. governor romney looking to capitalize on polls showing the race getting much tighter, including in the state of iowa. tonight he goes to ohio, and governor romney is also seeing a rise in support in the buckeye state. listen in at foxnews.com.

well, a major break now on a case we've been closely following for more than two years. mexican police making an arrest in the murder of david hartley, the american newlywed shot and killed in front of his wife while they were jet skiing on a lake straddling the united states and mexico. the case brought plenty of attention to the drug violence along the border, and now mexican marines say they nabbed a cartel leader known as the squirrel. he's accused of a long list of murders fission to this one. -- in addition to this one. trace gallagher has an update in our west coast newsroom. >> reporter: the big headline is the mexican military captured the man they believe is responsible for killing david hartley, but on the south side of the border the headline is this guy is one of the biggest mass murderers in history, believed responsible for executing 300 people, known as you said as the squirrel. said to be the main assassin for

the very deadly zeta cartel. mexican authorities say he is the killer of both david hartley as well as the police commander who was investigating hartley's death. remember, his head was delivered in a box. you'll recall david and tiffany hartley were riding wave runners on the mexican side of the border, kind of exploring some ruins. tiffany says her husband was shot in the head. she tried to get his body on her wave runner but couldn't, the boat was getting closer, so she fled. his body has never been recovered, and now tiffany says she's hopeful but yet skeptical. listen. >> if this gentleman, this suspect does have involvement, we want to know where david's at and let's, um, get some evidence of, you know, his remains and let us as a family two years later be able to have some closure and be able to truly move on and move forward.

>> reporter: very important, before we solve this or put case solved on this, megyn, you've got to realize the sheriff on the u.s. side of the border says that this guy is not the one who killed david hartley. they have five other suspects in this case. they say, look, the squirrel, as east called, could have been the leader, could have been in charge of the mexican side of falcon lake, but he is not the one that killed david hartley x. we've done this story many times, and the solve rate for murders in northern mexico is almost zero. and we should also note there are reports the head of the zeta cartel was killed yesterday, but that his body was stolen. so huge shake-up among the cartels -- megyn: good clarification toe. so this guy may have been involved, but not necessarily the one accused of committing the murder. everybody out here is talking about the nickname the squirrel, like, you know, as, like, horrible, drugging murderer nick names go, that's got to be pretty low on the list of the

one you want. >> reporter: the more horrendous guys in the cartels have got silly nicknames. megyn: like pooh bear? >> reporter: exactly. el gato, the cat. 12, 13, 14 yearss who were old are given nicknames then, and they become assassins throughout the years. megyn: doesn't make them any less evil. trace, thank you. exactly four weeks to go before the elections, and in two minutes we will speak to a professor who is predicting a big victory for one man based on a unique formula that looks at the economy in the swing states, and this model has been right every election since 1980, when it started. plus, this brawl at a pennsylvania wedding got national attention after one person wound up dying. and police have a new twist on this one today. and new developments in the case of a mcdonald's worker. remember her? remember the hat? pork rinds?

this woman claimed that she lost her winning $100 million ticket. remember her? she was in kelly's court every other day when this happened. her coworkers say now they know where the ticket went. there was a question whether she ever had it, and now there's new evidence she may have, indeed, and may have cashed in. oh, wait til you hear. >> with any certainty that this ticket exists, and i would caution anybody until it's presented to the lottery commission for processing that it does exist. for 30 some years at many different park service units across the united states. the only time i've ever had a break is when i was on maternity leave. i have retired from doing this one thing that i loved. now, i'm going to be able to have the time to explore something different. it's like another chapter.

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megyn: fox news alert out of wisconsin. where we are awaiting a decision on a request by the romney campaign to delay vote counting in the presidential election. this comes after the state failed to meet a deadline to send out military ballots. mike tobin live in chicago with more. >> reporter: the romney campaign is preparing papers and will likely file suit against wisconsin. their complaints is not just that wisconsin in 27 municipalities missed the deadline to transmit ballots to military and overseas voters. they say they are repairing the suit because of the response they got from the wisconsin gab that says only 37 ballots were transmitted late. and when you factor it in statewide you could be down to

only 5 ballots. romney campaign spokesman ryan williams says that's insensitive and outrageous. he says one missed ballot is too many. in response to the criticism this is the romney campaign jumping on a small number of ballots and trying to endear themselves to soldiers. romney says every soldier airman mavy and marine deserves to have their ballot counted. megyn: mike tobin, thank you. there is a growing debate over a recent speech from the chief foreign affairs course cents from cbs news. laura logan has reported from some of the most dangerous places in the world. she stunned a chicago crowd with

her stark assessment of america's place in the world and the real story as she sees it with the war in afghanistan and the consulate attack in libya. saying in part, quote, there is a narrative coming out of washington. they are just a poor moderate gentler kinder taliban. it's such nonsense. on libya she says, quote, exact revenge and let the world know the united states will not be attacked on its own soil. its ambassadors will not be murdered and the united states will not stand by and do nothing about it. she actually came right out and used the term "lie" when speak being the administration talking about certain situations overseas. pell we'll speak with leslie marshall and ben ferguson. she came out and let loose. she said, i chose this topic to

talk about the taliban and al qaeda in afghanistan among others because she says i can't stand that there is a major lie being prop gate. the lie is america's military might has tamed the taliban. that's where she went on to say this is driven in part by taliban apologists and this is all nonsense. your thoughts on it, leslie. >> well, first of all i understand that she was attacked in egypt and i feel she is speaking from a very as a woman dare i say emotional place. that's a dangerous place not to give her opinions, she is certainly entitled to that. but when we look at a journalist or myself as a talk show host for questioning what the pentagon, what our military, what the fbi, the c,o ia and our government regardless of the political platt form our president, she is entitled to her opinion. but i don't feel that we should just bomb every country when an

ambassador is killed. i feel that's an emotional reaction. that's not something we as a nation need to do regardless of politics. megyn: you have a journalist expressing strong opinions about what we need to do in afghanistan. but she is an expert. is this so different -- she is a war correspondent. >> is it different than political reporters going on sunday shows expressing their views on politics? >> many liberals are trying to say she was attacked in egypt therefore this is too emotional for her. this woman has gone around the world and is saying the same thing several military individuals current and past have been saying for months on end to silent and deaf ears in media. what did we hear this month, this idea from washington. we were supposed to have some sort of peace treaty with the taliban. now they abandoned that. that came from washington and politicians.

so she comes out there and says, it is a big lie. there is somehow two different factions of the taliban. there are the nice people over here and the not nice people over here is absurd. but the fact that they are discounting her based on the fact she was attacked in egypt and saying she is too emotionally connected i think is sick. she has seen it more than anybody else commenting on her comments ever period. megyn: it is dangerous ground to dismiss her to say she is too emotional to form a reasonable opinion on these topics. >> i'm not discounting what she said. i feel having been the victim of sexual assault when i was 19, i was raped. i can tell you it definitely weighed in on how i felt. what i'm saying is that's insulting to our top brass, to our soldiers, and to quite

frankly to basically say that anything that doesn't constitute just directly, you know, bombing the heck out of the taliban constitutes a lie, she is entitled to her opinion. megyn: she gave a speech. she had just done a lengthy piece for "60 minutes," including interviewing our top generals. she has just come off the fields of this. >> she played some of that at this conference. but i think it goes back to this. the taliban has been mocking america, and they mocked us when they went after on killed our ambassador. we had a white house who lied to us and said this was because of a movie. the state department says it wants, the pentagon said it wasn't. this was a planned attack on 9/11. we are supposed to believe from the white house that there is a good and bad taliban? all the taliban leaders are saying there is one taliban and

it's a bad taliban. i don't blame her for telling the truth. she has generals say you now that there is no such thing as the good guys and the bad guys. even the white house is abandoning the idea of having a truce with the taliban. they are not nice people. they want to kill americans and she is saying that's what she saw and what they say. why not believe them at their own words. >> bottom line, ben, we have been in afghanistan. it will be the longest war we have been at war. what do we do? do we just wipe out the entire country, innocent men, women and children in order to rid ourselves of the taliban. >> of course not. >> she is entitled to her opinion, but i think we have been fighting an excellent war on terror and i don't believe we should be in afghanistan another hundred years to do that.

megyn: the mars rover discovered shiny objects on the surface of the red planet. we'll show what you nasa is doing. a government watchdog group is raising questions about president obama's fundraising. >> we found evidence of people from china to azerbaijan getting these submissions and putting them on their webpages with a hyper link that gives people around the world instant can says to the campaign.

megyn: the latest forecast from political science professors at university of colorado predict a mitt romney victory. they predict president obama

will win just 16 states and mitt romney will care why it other 33 states all in red and win the presidency with an electoral college total of 330 votes. he's a political signs professor at the university of colorado. i look at this and i think, what? you have him winning new mexico. obama is up by 10 in the latest poll. pennsylvania. that's tightening but real clear politics has obama up by 6. you have romney winning wisconsin, too. >> it's true the meda modal shos obama losing. but six weeks ago when the preliminary model was released the president was up in many of the states which are now tightening and in many where romney has moved ahead.

megyn: this came out in august. we thought those guys must be nuts. we still had huge numbers. just huge, huge numbers in the electoral college. but then it turns out the race is tightening and now, you say that if you apply your model going back to every election to 1980, it is accurate? >> well, the data we are usinggs that economic fundamentals are the gravity that pulls campaigns back down to earth as the election unfolds. the economy is poor and that's a hard situation for an incumbent to be running in. megyn: you look at economic data in all 50 states. most people look at the popular vote and look at nation as a

whole. what specifically do you look at? >> we are trying to model the way the contest works. 51 separate contests. but we also try to look at the economic performance in the state, in a more nuanced way than most people do. we us unemployment at the state level and it ticked down last friday in that latest release. but we also look at how much income is being produced in each state on a per capita basis. so people are leaving the workforce and not earning incomes, that's a hit against the incumbent even if unemployment ticks down. so it tells a difficult story for a president running for election. megyn: is this a political thing for you. you wanted to see romney win and you wanted to find a model to help that?

>> no. we were trying to understand state model factors. whether the partisanship of governors makes a difference. it started off as an academic thing. it's got and lot of attention that is something of a surprise. megyn: you submitted in the journal where there are 12 other reports. a couple said we don't know, it's not certain. and yet your study seems to be getting so much attention. why is that? >> it's looking at the electoral college. most of the models are trying to predict a national vote percentage but that's not the way the contest works. it's a state-by-state process. i think it also had to do with the timing. our model was released initially -- the preliminary model six weeks ago. all the polls seem to suggest

obama was going to cruise to an easy reelection and yet our model didn't show that. the fundamentals of the economy which year after year election after election make a big difference. they were pointing in exactly the opposite direction. megyn: are you a betting man? how certain are you? would you put money on this? >> i don't bet. i don't even buy lotto tickets. maybe once in a while i should. i don't bet. we have some reputational prestige on the line with this. but the model is what it is. in four years it could be pointing in a different direction if the economy is pointing in a direction that suggests that the democrats would win. and that's what we would be putting out there. megyn: we have you on tape professor bickers and we'll talk to you on november 7. we have breaking news on this investigation into campaign donations.

we'll update on that story. a funeral for a u.s. marine who disappeared in 1975 on an historic rescue mission. nasa stopping the mars rover in its tracks after making a discovery. settlement or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

megyn: nasa land the curiosity rover two months sea go and started exploring. nasa's eagle eyed engineers stopped the rover in its track when they saw this, a shiny object on the surface of mars. trace gallagher, what is it? >> reporter: any time you find something strange on mars i think it's a big deal.

curiosity rover has been up there 61 days and was in the middle of a scooping test. they test the chemicals and minerals to see if there was a chance the soil could have supported life. then they spot something shinily and small. show that picture again if you would. and they think -- they think that this might be actually a piece of curiosity. a small piece of metallic tape that might have fallen off. an earring from the thing. there are a lot of theories online thinking this could be some other type of alien thing. but we talked to nasa and they believe this is a piece of the rover. but here is the deal. they don't want to do any more that scooping experiment because if rover picks it up and it gets in the machinery and it could mess up the entire system. everything is on hold until

rover takes pictures of that shiny thing to find out exactly what it is. they think it's a small chunk of the rover. 61 days, a mystery going on up on mars. when we find out more about what this thing is, we'll get back to you. megyn: we talk about how the candidate, whoever is down wants to point to the next shiny thing to distract from whatever is in the news. literally a shiny thing in mars to talk about. trace, thank you. some of the president's biggest corporate backers from 2008 appear to have a different mission this election season. a stunning change of position at one of wall street's biggest firms just ahead. just one day before congressional hearings to the security lapses in libya. there are new accusations about the administrations decisions to scale back security over the demand and requests on the ground including our ambassador

who was assassinated. congressman jason chaffetz is with us live. >> we were moving into 9/11 and the white house wants to say we had no direct information, no actionable intelligence. are you kidding me?

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megyn: a government watchdog group raising questions about campaign fundraising for the president. brand-new hour of live rfer. i'm megyn kelly. the government accountability institute is suggesting the obama for america web site may be accepting illegal donations because of holes in the security there. the campaign has seen a big upswing in donations in recent weeks. in 2008 the campaign admitted in the final days before the election it had allowed donations from prepaid cards. that's money that cannot be tracked back to either a specific donor or specific

location, so there are questions about whether improper contributions were received. shannon bream following all of this live in washington. >> reporter: this new report is shining a spotlight on an old problem for the campaign. in 2008 "the washington post" ran a lengthy article outlining a number of problems with obama campaign donations including an absence of basic security barriers. that loophole could allow foreign and other illegal donations to slip through the cracks. fast forward to 2012. not much has changed. the campaign web site's store section does require you to provide a security code from your credit card like you would for buying something on amazon. that's apparently not the case on the section of the campaign web site that's used to take in donations. >> if you look at the last

monthly statement filed by this campaign with the federal elections commission they admittedly accepted millions of dollars in donations where there was no zip code or there was only four of the five digits. i think that evidence is irrefutable. it's based on their own data. >> reporter: the obama campaign is firing back saying the report is politically motivated. saying we do not step donations from northern nationals and the campaign goes above and beyond. experts say security upgrades to the donation process would take just minutes. but the obama campaign says it's confident its safeguards are good enough. megyn: thank you. megyn: on new polls suggesting

an increase of support for governor romney in the battleground states that will decide this presidential election. an average of the rasmussen daily tracking poll shows a first governor romney now leads president obama by 2 points, 49% to 47%, and these numbers come in the weeks since the presidential debates. the numbers in the politics, we are joined by scott rasmussen. author of the book "the people's money" and michael reagan, chairman of the reagan group. scott, you have the race within one point of colorado, tied in nevada, 2 points in iowa, that's on the heels of polling you did late last week. what's your overall message here? >> the big story -- i have to correct one thing. the daily swing state tracks is for 11 tossup states won by president obama four years ago. he had a five-point edge.

now it's romney by 2. if president obama has lost his advantage in the swing states it puts a different cast on the election. this election four weeks out is as close as it can be and we have no idea who will win on election day. megyn: what do you attribute the tightening? is it the debates. >> the debates and eight began to present mitt romney as a plausible president. and that's something that is very important, very difficult to do, but he was on the stage of the president of the united states, he looked like he was in command, he was in charge of the entire discussion and that stature gain, very important and that's the reason the polls are tightening. megyn: scott were don't the polls always tend to tighten in the last weeks before the

election? >> the polls do shift always. but four years ago at this time president obama was up five points and he ended up winning by 7 points. what we also know is that it is more difficult to be the incumbent party from the final weeks of a campaign than it is to be the challenger. megyn: we have been talking for weeks about your dad's trajectory into the white house. he was trailing jimmy carter until the time of their debate prior to election day. that debate in large measure was a game changer for him with the "there you go again" to jimmy carter. and my question for you is did we see another such moment last week at the presidential debates? >> i think you saw a lot of moment in the debate. it wasn't just one moment it was from the beginning of the debate to the end of the debate. you and i talked about the fact

that mitt romney took it to the president of the united states and stayed on offense. for two weeks before that mitt romney was on defense from the media and from barack obama. now obama has been on defense for the last week. you see the poll are the showing him going down, not going up. the one who can stay on offense ultimately sometimes will go out and win the battle, win the war. but it's like watching the tennis matches in new york, the u.s. open, back and forth. then november 7, that morning we'll find out who won. megyn: the consternation by some on the left who said this election was gone and it was a foregone conclusion that barack obama was going to win a second term, michael, you can see it in the publications coming out today how forlorn they are about the shift in polling. nobody is saying mitt romney has it sewn but this is a tight race. >> i was walking past a news expand in an airport yesterday

and saw the cover of news week magazine. "is barack obama the democrat's reagan?" you have got to be kidding. the reality is no, he's not ronald reagan. ronald reagan had core values. you saw those in the debates. you saw that in his life. i don't think barack obama has core values at all. he listens to whoever is talking to him and espouses the talking points. is barack obama ronald reagan? i know ronald reagan. he was my father and friend. barack is no ronald reagan thank god. megyn: we had scott on a couple weeks ago when he was one of the lone pollsters showing this a tight race. whenever that seems to happen, scott, they seem to take shots at you as somebody who is not

reliable and does haven't good polls. even though -- even though now all these polls are showing what you are showing -- the republicans put out today a list of the polls that show this race tightening and it's across the pollsters showing this race tightening in all the states you mention. despite here, here is what chuck todd said about you. >> we spent a lot more money polling than scott rasmussen does. >> he was right the last couple elections. >> he got it right at the end. you guys used the same pollsters we do. these guys are the gold standard. we spent so much money. i hate the idea their polling has to get compared to what is in some cases slop. megyn: slop. any thoughts on that, scott? >> i don't know chalk todd and i don't follow his work. but i'm happy to have competition.

our poll -- we have been showing this race close for a long time as other polls shift to likely voter models, they are showing the same thing. four years ago we show nod change during the 40 days of the campaign. beth men have been within 3 points much each other for 89 of the last 100 days and i'm happy to compare our work to anybody's. megyn: fordham who studied the poll sisters and the results came out and said on the accuracy of the preelection polls, number one, rasmussen. number 13, nbc news. okay. just for the record. go ahead, michael. >> i think our seeing, too, because of the polling, is because the great job that mitt romney did. conservatives worried to death about mitt romney and that debate. how is he going to do against barack obama, the grate orator. now you have got the

independents who are starting to move over. it's so important that mitt romney do well in the next debate and the next debate. he cannot let up off of obama if he wants to win this election because everybody seems to be watching. 67 million people watched this last debate. there was a reason for that. they wanted to see if mitt romney was presidential and they found out he was. megyn: all due respect to nbc news, they do invest a lot of money in their polling. but what he said was mean, scott. >> megyn, nobody ever said anything mean but, i get used to it after a while. it's part of the life of being a pollster. >> one thing about being a reagan, they never say anything mean about us. megyn: the next big event in this campaign comes with the vice presidential debate this thursday night. it's the one and only chance for the running mates to go toe to

toe. we'll have live coverage for you and analysis before and after. first "america live" will come to you live from kentucky thursday. and i will bring you the debate itself along with my cohost bret baier beginning at 8:55 eastern time. we'll have our full final bring you the analysis. the folks at pew just made some news. two veteran campaign insiders will walk us through an incredible shift according to that pollster and tell us why they believe this is very significant. remember this story? remember her? remember the hat? she claimed to hold one of the winning lottery tickets for the mega millions jackpot in april. then she said she lost it at the mcdonald's. then did she win it ever? what's the deal with her? today there is a charge that she had the ticket all along.

"kelly's court." new charges levied against the obama administration regarding security decisions made in the weeks leading up to the 9/11 terrorist attacks on the benghazi embassy. >> we were moving into 9/11 and the white house wants to say we had no actionable intelligence. are you kidding me? where else in the world was our consulate bombed twice. now we have four dead americans.

megyn: one day before congressional hearings on apparent security lapses in libya there are new allegations from a top republican lawmaker regarding what looks like an obama administration decision to scale back security in the weeks before the deadly terrorist attack on the consulate. joining me now, jason chaffetz.

he just returned from a fact finding mission from libya. congressman, welcome back to the program. there is obviously a security lapse because we have four dead americans in libya. but this morning on fox you made news by suggesting you believe there was a coordinated effort went white house and the state department to scale down security in libya? on what do you base that? >> clearly they wanted to have the appearance of normalization in libya sooner rather than later. i went to libya, i was there most all the day saturday. not a single person on the ground did they ever mention a video or talk about some sort of riot or protest or anything like that. to the contrary i think what you are going to see in the hearing is a series of requests from security professionals on the ground asking for physical resources to protect the facilities and more american personnel in order to help

secure things. not on did they not get american personnel, they reduced the american personnel. what they told them was hire more libyans. megyn: on what do you base the allegation there was a coordinated effort between the state department and white house. >> as soon as this happened who did they send on the sunday talk shows? the u.n. ambassador. i have no doubt in my mind that clearly as these things are happening the white house is involved. when you have terrorist-type activities the white house is involved. no doubt about that. megyn: it many supposition. it's not that somebody has leaked that to you and you have seen a document. >> what you will see as early as today as as late as tomorrow, official on the ground requesting more materials.

there were two bomb cans of been gassive our facility. i'm not aware of anywhere else in the world where our physical facility was actually bombed and it was bombed twice. you had the british ambassador, there was an assassination attempt. and coming up on 9/11 the white house says there was no actionable intelligence that there may be problems in benghazi? megyn: why would we do that? you have got whistleblowers telling you the requests for increases security were being made to the state department and you say they were not only told no, but that security was reduced. why would we do that? >> my personal belief, my impression is they wanted the appearance of normalization as swiftly as possible because that fit the political narrative that things were calm, cool, collective. we help libya and look how

successful it is. unfortunately look at the results. now that we sent the marines in to our embassy, it feels more secure, but there are still major questions and gaps in the security parameter for the embassy. not just in libya but across the world. congressman issa and chairman iss sarks want to get to. megyn: colonel wood who was in charge of security in libya val dated what you said about requests being made for beefed up security and the answer coming back, no you can't have more security, in fact we are going to draw count forces that protect our consulate and americans over there. but the state department said in response, well, the colonel was stationed in tripoli, not benghazi and therefore despite his claims he spoke with ambassador stevens every day he didn't know what was happening in benghazi and wasn't in a position to speak to that.

>> you treat libya as a whole. benghazi is an offshoot of tripoli. if they are going to try to discredit with impeccable experience like colonel wood. you have a long hearing. eric nordstrom will also testify to this and we have documents other sorts of things. look at the results. we have a dead ambassador. we have four dead americans. we couldn't even get the fbi in there for weeks. i couldn't go as a member of congress because it was still so dangerous. how the white house and the state department thinks everything is peachy king because this guy is overstating the experience. we have four dead americans. megyn: who are the critical witnesses tomorrow? >> eric snored strom, both are security professionals providing realtime relays back to the department of state, which consequently would go into the white house as well. and then you are going to have

charlene lam in charge of the physical infrastructure. the embassies across the globe. she was critical about what security they would get and not get. even going back to potentially ambassador kennedy who also might be a witness tomorrow. he laid out in a december 2011 memorandum what he thought the security would look like. we didn't even reach the goals laid out in the december 11 memo. we are talking about five people here. six people there. in baghdad president obama has 15,000 private security personnel in baghdad. 15,000. it's president obama's own private army yet we couldn't get two dozen people on the ground to guard our consequence lawsuit and embassy? megyn: president obama enjoyed a wave of support and cash from wall street back in 2008. but now comes word his biggest

wall street donors may all but turned their back on the president's campaign. the bottom line on that after this break. there was a funeral with full military honors for a marine who disappeared on a historic mission 40 years ago. a story you will only see here. call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

megyn: fox news alert on the end to a dramatic stunt. high winds forcing another delay in an effort to break the all-time record for skydiving. it's the second time in a week felix baumgartner and his team have called off his 23-mile planned freefall from the edge of the earth's atmosphere. this is an animation of what it would look like. the ultra thin balloon that would theoretically get him

safely back to the ground is so dell tate, it can only -- delicate until only hand winds of -- handle winds of 2 miles an hour. baumgartner vows to try again soon. well, new campaign contribution numbers show that president obama's biggest corporate backers from his 2008 campaign now appear to be hard at work trying to defeat him. employees at the wall street joint goldman sachs, for example, donated more than a million dollars to president obama in 2008. this year contributions from that same group to the president's campaign have fallen to under $136,000. instead, goldman sachs' workers are lining up squarely behind governor mitt romney, donating fearly $2 million to his -- nearly $2 million to his campaign. why? what's going on here? melissa frap sis hosts money with melissa francis on fox business network. what's happening will?

>> it's the same story all across wall street. we went and dug up the numbers, and jpmorgan, the same story. last time around they gave $807,000 to the obama campaign, this time it's 183. so it's really the same ratio, and there's a lot of reasons for this. it's also surprising because normally a lot of these folks are democrats, that's why -- megyn: people think wall street's republican because it's rich and there's that line that the republicans are for the rich, but it's very democratic. >> i always think people have a lot of guilt about making a lot of money. this is all anecdotal, but these are the kinds of things they say. so they don't mind paying higher taxes. that was in the past. now they're very frustrated with having been painted as villains last time around. they feel like they helped obama get into office, and then they were painted as these evil wall street bankers which they think is unfair. everyone has their own opinion about what caused the financial crisis, but bankers feel like they've been painted as these villains. they also don't like the boot of government on their neck.

it's a lot of the same things i hear from small business owners, saying there's too much regulation that's stopping them from doing their job. banks feel like they also have been just the butt of every regulation that's come out, and it's frustrating to them. you may think they need regulation, but this is one to have main reasons why they've lined up behind romney. megyn: you know, just talking to some wall street folks, and i know a lot of folks who were big, big obama donors last time around who have expressed disappointment in being demonized as fat cat bankers and people who have seen their businesses suffer, and some fault the administration for not being able to get us out quicker from the problems we suffered in the late '08. is it something that mitt romney can overcome? because the economy, if he gets in and he doesn't repeal dodd-frank, how much can any one man do at this point now that these regulations are in place? >> i think it's more an anti-obama sentiment. when you talk to people, they're

just so frustrated. they don't like too big to fail. you would think bankers -- megyn: t.a.r.p. bailout? that was president bush. >> but the new regulation, that's what they think of, all the new regulation out there to save the same thing from happening again. a lot of these guys think we're not going to be the ones who fail, it's the other guy, and we want to take advantage of that. if he goes down, then that's, you know, natural selection, that's what happens in a free market. we would benefit there that. they just don't like all this regulation. so they're just not big supporters of president obama. megyn: we talked a while back about how the president had seen his support among these wall street donors soften, and there's no question about how the state of new york is going to go in this presidential election. it's gonna go blue. news flash, fox news alert, the state of new york is going to go blue. but there's a question about how much money people in new york, and the folks on wall street make a lot of dough, how much they're going to cough up. the president has been focusing so much on these hollywood celebrities, and somebody asked

the question whether hollywood is sort of the new wall street when it comes to filling the democratic campaign coffers. >> maybe. there is a lot of money out there. but when you look at just the sheer numbers that came, millions and millions that came from wall street last time around, this is a big hit. but you cannot go out and villainize and demonize a group over and over again. and i've had bankers say to me privately, you know, he says one thing to us when he's with us, he says another thing when he gives a speech. i understand that's politics, but after a while you look at the regulations and the actions, he's backing that up. i'm not a villain, you know, and i'm not going to support someone who says that over and over again. megyn: a friend of ours who's a big hedge fund manager in new york said -- and he was a big, big obama donor, and he said the phone calls are ratcheting up. he says he's not inclined to donate, and i've told this story before, but he said to them, it feels like there's a witch hunt going only, and i'm the witch. [laughter] he's a democrat, but he doesn't

like the fat cat banker line. we'll see, he's got a lot of donations from out west and hollywood. >> there you go. megyn: good-bye, wall street. hello, hollywood. it's a lot warmer out there. melissa, thank you. coming up, the folks at pew research are getting a lot of attention for some new numbers they just released. joe trippi and ed rollins break down the polls right after this break. and this woman says she lost the winning lottery worth almost $115 million. remember her? then she said, i don't know, she lost it, did she have it, didn't she have it? the whole thing was a mess. well, now a group has come forward to say she had it all along! kelly's court takes up the case. ♪

♪ megyn: well, some eye-opening new polls from the folks at pew research center are getting a lot of attention today. even in a race where folks have gotten a little jaded about the whole polling thing. in a head-to-head matchup, governor romney leads the president 49-45 percentage points. but check out the right of your screen. just a month ago the president was up by eight, 12-point swing in just a few weeks' time. it's even more dramatic when you look at women voters.

in september president obama was favored by 18 points, 56% to 38%. and now the candidates are tied at 47%. here now to explain it all, ed rollins. he's a fox news contributor. he served as campaign director for the 1984 reagan/bush ticket and has had major roles in national campaigns, and joe trippi, former campaign manager for howard dean and a fox news contributor. so these -- let me start with you on this, joe. is this meaningful? >> oh, sure. i mean, look, romney had an incredible debate, there's no doubt about that. and i think it's clearly moved the numbers. and you don't look at any one of these polls, but when every single poll is moving in the same direction, it's not a good time for the other party, for me as a democrat to say, wait, there's something wrong these polls. this is real. how real, how big and how long it lasts, those are real questions. but, no, this is a very real move that's happened here.

megyn: but, ed, speaking of joe's point, you know, when the polls were all moving towards president obama, many folks were saying, hold on, because they oversample democrats. so do these same polls oversample -- do not oversample, but when they called a thousand random people, they were getting more democrats than republicans. >> what's happening is people are moving, and romney made himself a credible alternative. the reverse would have been true in the sense that romney had a bad debate, this contest would be over. today mitt romney is a serious candidate, polls are moving towards him, women voters is very, very important because if he's equal with women, we have an overwhelming margin among men, and we'll win this thing. i still think we're going to win this thing. joe doesn't, but i think we're going to win this thing. megyn: i do understand if you win a majority of men and women, you win the election. [laughter] >> you do. but that's also what's happening in the polls. when people start -- they're moving towards obama, you're going to have people tell pollsters they consider themselves members of the

democratic party. if they're moving away from him towards romney, you're going to start seeing people self-identify to the -- megyn: really? they're that fickle? don't most people know what they are? >> no. democrats a lot of democrats know what they are, but we live in a country now where 33, 35% of the voters are in no party or independent. those people, if they're starting -- they look at a great performance or something they feel suddenly they believe is a respectable candidate and start to think about i'm going to vote for him, then when they get the call from the pollster, they're likely to say i'm a republican, and that's what -- not a lot. you only need five, six points to actually say that. a lot of independents will say, no, i'm still an independent. megyn: how significant is that? there's a whole list of polls we could go through that show this race tightening in ohio, even in pennsylvania which, you know, i think we had all discussed how pennsylvania was gone. it was going to be -- >> i don't think that's -- megyn: all right. but now it shows the race if three points.

>> doesn't matter. one of the dangers you have when you sample all of what they consider the states that are up for grabs, there really aren't. there's five. i disagree just slightly with joe and carl. this is about florida, ohio, north carolina, virginia and anything else, iowa, new hampshire, anything else gives them over 270. those four states give him 266, romney, so all he has to do is win new hampshire, and he's got 270. megyn: how does that work as a practical matter though? does this force president obama to start spending money in states that he didn't think he was going to have to spend money in before? >> well, like this new poll that shows michigan only a few points, i mean, if you take it as true -- by the way, both campaigns are doing their own polling, and that's what they'll decide. megyn: and we'll know where we see the president and mitt romney show up. >> and the ads on the, but, yeah, as you get states getting closer, it means you have to start spending in more states. i think both campaigns thought by now it would be down to --

and i agree with ed. look, right now it's essentially five states. romney has to win ohio and florida, he's got to win virginia, north carolina. and and so then he's got to pick up one somewhere along the way. and that's why you're seeing a blocking strategy by obama. i mean, they're in their carpet bombing ohio and virginia, and the president's time because if they can stop him in one of those two states -- megyn: but how much, how much can those ads help, ed? we saw this debate performance which, um, a columnist at the daily beast, andrew sullivan, who's a left-leaning guy although, i don't know, he disputes that, he wrote a column talking about did obama just throw the entire election away. and he said this is simply unprecedented, this reversal we've seen for this candidate in october. and he talks about how this kind of swing like the one we saw with women, has it ever happened before, ed? and can it be stopped with the

ads? >> the problem with ads is unlike past elections we had public financing up til four years ago -- megyn: yeah. >> now you have unlimited money. so they can go anywhere they want. both sides have massive money, but they're in every place. there's no adding states. the states that they know they're in, they're in. the difference is your wall-to-wall ads. it's 24 hours a day negative things. so there's not a clarity where you can drive a mission. so what's happened? 67 million people got to see mitt romney look presidential, stand toe to toe with the president. the president stood up there with a great disdain for the public, for the process, and my sense is he can't undo his image even in two good debates. you definitely aren't going to change or reinforce the negative message they had all summer. megyn: 30-second spots, for the most part -- >> side by side -- megyn: go ahead. >> just one cautionary note i'd throw on this, and that is in the pew research poll it said that they were tied with women. of i believe, hey, he has picked

up with women. that's going to fall back to some number. there's not been a republican since george herbert walk in 1938 who's won among --1988 who's won among women in this country. and that was only a few points. what you see happening here is good performance, big swing -- the swing tends to overperform, too, in other words, there's a little burt -- megyn: then it'll come back a little bit. >> and i think obama will win women. it may not be the big lead he had going in, but the debate really was his shot to slam the door shut. megyn: and it didn't happen. speaking of women, coming back, we have a very special kelly's court next, so we have to go. [laughter] joe and ed, thank you. up next, a woman you've met many times in kelly's court. the well with the hat reappears next. and even fewer that make moms happy too.

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session. on the docket today, a possible lottery who dun it. remember this story from last spring and then last fall? a mcdonald's worker in baltimore getting her 15 minutes of fame after she originally claimed that she held the winning megamillions ticket. but later she said, oops, she couldn't find it. that was after the coworkers at mcdonald's said they all went in on a pool, and they were entitled to it too. well, now the coworkers are coming forward and saying she had it all along. remember, the real winners came forward and cashed it in, and we never heard frommy rap da wilson again. well, the coworkers say she was the real winner all the time, and they say she handed over the winning ticket to the other winners and split the dough with them to avoid paying the coworkers who would have had a right to part of the winnings on that original ticket. got me?

joining me now to discuss the lawsuit, jonas and mercedes who is a fox news legal analyst. my mind is exploding because steve martini, bestselling author, wrote me a ten-paragraph e-mail when we first discussed this case and predicted that this could be a possible outcome, that maybe she was being so vague and her lawyer was being so vague about whether she really had the ticket or was she lost it or was she the winner or wasn't she the winner because she had a scheme like this in her mind all along. jonna, could it be? >> oh, it could be. she is so full of bologna, it's not even funny. thankfully, these 14 people, hey, all they have to do, show us the ticket. show us the winning ticket, they'll be able to piece together when she bought it, and the truth will come out. we only need 51 president --51%, and they get to split the pot if they can still find the pot.

megyn: but, mercedes, the three people who cashed the ticket -- it was two teachers, i think, and a school administrator -- three public school workers will come forward, and they will likely testify mairlanda who? >> exactly. show us the money. houses, cars, all the money. there's nothing there. in fact, a lotto official said it was a quick pick ticket. remember, her story was that she bought it from some guy at a baltimore store, and the ticket carrier said, no, i don't think it was a woman. it was pan who bought it. all this confusion that she bought the ticket. lo and behold, lotto officials said it was a quick pick ticket. there's no fraud afoot, so this whole issue about her ex-boyfriend coming forward and saying, oh, no, she showed me a picture of that winning ticket -- megyn: he, the ex-boyfriend -- who, by the way, is one of the plaintiffs -- says she confessed the entire scheme to him.

now, jonna -- >> uh-huh. megyn: i'm assuming the two teachers and school administrator are going to come forward and say never heard of her, didn't have anything to do with her, we bought this ticket ourselves. but if they don't, and old boyfriend here can substantiate this claim that she confessed this scheme, they may be on to something. >> they might. this is going to be a credibility con test. and let's start from the beginning. you may misplace your keys, the remote, but you don't misplace a chance to win $600 million. [laughter] and let's not forget, she picked up the phone and said, i won, i won. why would anybody do that in an excited declaration if they didn't actually have -- >> she wanted 15 minutes of fame. hey, listen, give her 15 hours. she's a lot of fun to talk about. megyn: she said she won, then we heard she lost the ticket, and then the lawyer came on "america live" and said this: so does she

have the winning ticket or doesn't she? >> well, the same answer is true today as it was yesterday. i don't know. megyn: did you ask her? >> i did not ask her because it was not important to what i have to do as an attorney. megyn: is her official position that she is the winner and that she has the ticket? >> that is my understanding of exactly what her official position is. megyn: is her official position that she hid the ticket in the mcdonald's? >> that i don't believe is the case. [laughter] >> where is the due diligence? seriously. megyn: the mcdonald's employees had claimed all along she had the deal, the real winners aren't the winners, and she's going to need to cut up these proceedings with them. mercedes, does this get, does this get to a jury? >> you know, amazingly, it might. it's going to be exactly what jonna said, it's going to be credibility. you can't do a motion to dismiss. bring in all these witnesses, bring in the bank accounts, show

the receipts. that's what's going to end up happening. even bring in the guy who actually sold the ticket. lotto officials may even step in and say it's a quick pick ticket. megyn: my head is about to explode. i don't know what to think, i but i love this case. panel, thank you. >> thanks, megyn. megyn: we'll be right back, don't go away.

megyn: fallen hero gets an honor long overdue. marine private first class james hockes was killed in the cambodia in 975, but his body was never recovered. and for decades his family just wanted some sort of word. well, today he was finally laid to rest with full military honors at fort low began national cemetery in colorado, and trace gallagher explains how. trace? >> reporter: you know, 45

minutes ago was the funeral, megyn, and fort logan is in his hometown of denver, colorado. it was in may of 1975 when that man right there was onboard an attack helicopter that was trying to rescue crew members aboard the u.s. ship that had been captured by then cambodia's brutal ruling party. but his helicopter was shot down. fourteen marines were killed. four, including hockes, were not accounted for. but in this 990s, a cambodian man was found to be wearing his dog tags. that led to his remains positively identified as his, and now a hero has finally come home and been laid to rest. here now is his family. listen. >> what, we were always wondering what happened to him. we thought maybe he was captured and somebody has him, you know,

maybe he's a prisoner of war. >> we'll all have closure, and that's a big part of it, having closure after 7 years. -- 37 years. >> reporter: yeah. we should note that james today, megyn, laid to rest, he would have been 56 years old. megyn? megyn: wow. what a story. trace, thank you. we'll be right back. are you receiving a payout from a legal settlement or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. :

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what did the one reverse mortgage then do for you? well i can meet the expenses at the end of the month with no anxiety. i had a partner. anything she needs... just call me. [ henry ] if you're a homeowner 62 or older, call now and get your free guide and dvd. trust me, it worked for me. you'll never know unless you call. ♪ ♪ >>megyn: the person from the maryland lottery, the spokeswoman laughed out loud about the lawsuit, saying it sounded like wishful thinking saying the three amigos are the real winners and the only winners from the state of maryland but the boyfriend says it was elaborate she told him each of the three educators would be given $1 million for helping her in the scheme and